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A. All federal, state, county, and other official benchmarks, monuments and triangulation stations in or adjacent to a proposed subdivision shall be preserved. When a proposed improvement in a subdivision makes it necessary to move a benchmark, monument, or triangulation station, the authority having jurisdiction shall be notified and given sufficient time to take appropriate action.
B. All dimensions, linear, curvilinear, and angular, necessary to properly re-survey, shall be shown with linear dimensions in feet and decimals of a foot.
C. Monumentation shall be in accordance with the procedures and requirements of the Plat Act (765 ILCS 205/).
D. The design of each subdivision shall take into consideration the capabilities and limitations of topography, drainage, soils, erosion potential, and other features of the site.
E. The subdivision wastewater conveyance and treatment systems shall comply with the McHenry County Public Health Ordinance. Sites utilizing Illinois Environmental Protection Agency (IEPA) permitted technology shall conform to all of the requirements of the IEPA and receive all applicable permits.
F. The subdivision potable water supply systems shall comply with the McHenry County Public Health Ordinance and applicable state laws. Sites utilizing IEPA permitted technology shall conform to all of the requirements of the IEPA and receive all applicable permits.
G. Secure and permanent funding arrangements shall be established for the long-term management and maintenance of common open space, deed-restricted open space, and stormwater facilities once said responsibilities are turned over to a public agency, private land conservation organization, or homeowners/property owners association. Said funding arrangements shall be noted and made part of the covenants and restrictions. A management entity with demonstrated experience and qualifications in natural land management and ecologic stewardship shall be utilized to perform short- and long-term management responsibilities for open space and natural areas. The entity may be a public or private land conservation organization or a professional natural land management specialist or company.
H. A back-up special service area (SSA) is required to provide funds necessary to support the maintenance and upkeep of site elements to be maintained by and the responsibility of a homeowners association, such as sidewalks, open space, and stormwater management areas. The back-up SSA shall be established and detailed in the covenants and restrictions as a condition of the final plat. The back-up SSA shall give the County Board the ability to levy an ad valorem special tax against all taxable property within the proposed SSA in order to fund necessary maintenance, program administration, and other associated costs. The subdivider shall submit to the Staff Plat Review Committee a fully-executed SSA ordinance.
1. Upon receipt, the Department of Planning and Development will submit the ordinance to the County Board for its consideration.
2. In the event the County Board adopts the proposing ordinance, a public hearing, which must be noticed in accordance with § 16.16.030 (Notice), shall be held not less than sixty (60) days from the date of adoption, pursuant to the Special Service Area Tax Law (35 ILCS 200/27-30-35).
3. The County Board will consider and vote upon the establishment of the SSA.
I. Certain residential subdivisions are subject to the requirements for conservation design. Section 16.76.030 (Conservation Design Triggers) describes those factors that trigger the required use of conservation design. In addition, when the triggers do not apply, an applicant may choose to subdivide their property in accordance with the conservation design requirements. An applicant shall verify that the subject property is not required to undertake conservation design at the time of application for subdivision. A property owner may object to the designation of land as requiring conservation design by demonstrating, through the submittal of an analysis prepared by competent experts, to the Zoning Enforcement Officer, that the property does not meet the triggers for conservation design. If the Zoning Enforcement Officer concurs with the evaluations submitted by the applicant, the conservation design is not required. The County may seek independent expert opinion regarding the analysis and conclusions.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 19.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)